John Hancock Mutual Life Insurance v. Tuggle

BRATTON, Circuit Judge.

C. E. Tuggle, hereinafter referred to as the beneficiary, was the father of Carrol E. Tuggle, deceased, hereinafter referred to as the insured. The beneficiary instituted this action in the United States Court for Western Oklahoma against John Hancock Mutual Life In*115surance Company to recover upon a policy of insurance covering the life of the insured. The defenses were that the policy never went into effect; that the policy lapsed for nonpayment of premiums; and that misstatements of material fact were made in the application for the policy respecting the medical and…